Confusion arose in Kano State when a Certified True Copy (CTC) of the Court of Appeal judgment on the state governorship election emerged, creating contradictory interpretations.
The widely reported verdict indicated that the appellate court upheld the decision of the petition tribunal, sacking Governor Abba Yusuf.
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However, the state Attorney-General, Haruna Isa-Dederi, argued that the CTC of the judgment showed that Yusuf’s victory at the poll was affirmed by the appeal court.
“The evidence contained on page 67 of the the copy of the Appeal Court judgment released on Tuesday and signed by Registrar, Jameel Ibrahim Umar, appellate court upheld the victory of Abba Kabiru Yusuf of the New Nigeria Peoples Party as duly elected Governor of Kano,” he said.
It reports that the three member panel of the appeal court, on Friday, November 17, 2023, had dismissed the appeal filed by the governor on the basis of his membership status.
The appellate court subsequently affirmed Nasiru Gawuna of the All Progressives Congress as the winner of March 25, 2023 governorship poll in the state.
Dederi noted that page 67 of the certified true copy of the judgment clearly indicated that the tribunal’s ruling that sacked the governor was set aside.
The commissioner asserted that, despite what the justices conveyed to the public in the courtroom on November 17, the written evidence exonerates Yusuf as the rightful governor of the state.
Our correspondent obtained a copy of the Certified True Copy (CTC), revealing a confusion in the conclusions.
According to the CTC, Justice Moore Adumein, in his lead judgment, stated, “I will conclude by stating that the live issues in this appeal are hereby resolved in favor of the first respondent and against the appellant.”
The governor, who had previously been ousted by the state governorship election petition tribunal, served as the appellant before the Court of Appeal.
The All Progressives Congress, the Independent National Electoral Commission, and the NNPP are the first, second, and third respondents, respectively.
Justice Adumein continued in the CTC, stating, “In the circumstances, I resolve all the issues in favor of the appellant and against the first respondent.
The judgment of the tribunal in Petition No.: EPT/KN/GOV/01/2023 between: AL PROGRESSIVES CONGRESS (APC) v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & 2 ORS. delivered on the 20th day of September, 2023 is hereby set aside.
“The sum of N1,000,000.00 (one million naira only) is hereby awarded as costs in favor of the appellant and against the 1st respondent.”
While resolving all issues in favor of the appellant (Yusuf) indicates that the Court of Appeal granted the governor’s appeal to nullify his removal by the tribunal, the concluding statement finding no merit in the appeal and dismissing it suggests upholding the tribunal’s decision to sack the governor.
The confusion in the judgment is heightened by the judge’s final declaration that the tribunal’s decision delivered on September 25 to remove the governor is set aside while awarding N1 million in favor of the governor and against the first respondent (APC).
The two other justices of the appeal court, Justice Bitrus Sanga and Justice Lateef Ganiyu, concurred with the lead judgment.
